Children's right to participate in asylum procedures

Document Type : Original Article

Authors

1 Professor at Law School/Shahid Beheshti University

2 Ph.D., Faculty of Law, Shahid Beheshti University, Tehran, Iran

Abstract

Children are very vulnerable in asylum procedures. This vulnerable situation requires the inclusion of effective rights for them in asylum procedures. For this purpose, the right to participate can strengthen the legal position of these children and transform them from passive objects to active agents and rights holders. However, the question that arises is, what are the sences of the child’s rights to participate and how should the right of participation be applied so that it can fulfill the rights of the child? It seems that the rights of the child in asylum procedures are fully satisfied only when the child has the right to participate correctly; in this regard, legal documents related to the child’s right to participate in asylum procedure are analyzed; After that, and since the child has not yet reached maturity to be able to use the right to participate in all asylum procedures, the relationship between this right and the principle of the his/her best interests is examined. Finally, it is clear that the right to participate only acts in the direction of fulfilling the rights of the child when all its elements are correctly applied, and if this happens, the child's right to participate will work in the direction of the best interests.

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History

  • Receive Date: 23 October 2023
  • Revise Date: 12 February 2024
  • Accept Date: 17 February 2024

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